Cases in the News 2-23-2008

The Houston Chroniclereports on the Waller school bonds litigation. On Friday, the Texas Supreme Court denied the pending petition for mandamus in In re Waller Independent School District, No. 08-0079 [docket], along with the pending motion for emergency relief in that case. The article explains:

The Texas Supreme Court refused today to order the attorney general to release the Waller school district’s $49.3 million bond package — effectively allowing state and federal legal challenges to unfold in court before the school district can sell its bonds.

“That’s big news. It affirms the law with regard to the Attorney General’s Office and their role in the bond,” said Sylvia Cedillo, an attorney representing opponents to Waller’s bond issue. “This means the civil rights process has to play out.”

The Court has not yet ruled in the case now captioned Charleston v. Waller Independent School District, No. 08-0123 [docket], which is a petition for review being pursued by the same underlying plaintiff. It’s not immediately clear if that petition has ongoing significance. (( The underlying opinion from the First Court of Appeals being challenged in that petition is available here. It’s opening paragraph reads:

In this accelerated bond validation suit, appellant, DeWayne Charleston, appeals the judgment of the trial court that granted a final judgment in favor of appellee, Waller Independent School District (“WISD”) and the orders of the trial court requiring him to post security and dismissing him from the proceedings. In five issues on appeal, Charleston argues that (1) the bond election and sale of the bonds should be voided; (2) the trial court lacked authority to enjoin proceedings in federal court; (3) the trial court erred by ordering the Attorney General to approve the bonds; (4) the trial court erred in declaring that WISD was entitled to state debt-relief funds; and (5) the trial court should not have required Charleston to post bond. ))